For the purposes of this article, the following terms shall have the meanings hereafter designated:
CODE
Any code or ordinance adopted, enacted, and/or in effect in and for the Township of Wilkins concerning fitness for habitation or construction, maintenance, operation, occupancy, use or appearance of any structure. Included within, but not limited by, this definition are the following which are in effect as of the date of enactment of this article: 2018 International Property Maintenance Code, Uniform Construction Code[1] and Chapter 450, Zoning, of the Township Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
COMMERCIAL UNIT or COMMERCIAL ESTABLISHMENT or COMMERCIAL STRUCTURE
An establishment, structure or unit of an establishment or structure utilized for the engaging in a nonmanufacturing or a nonprocessing business, including but not limited to stores, markets, office buildings, restaurants, shopping centers and theaters. These units or structures are predominantly located within the C-1 (Commercial) Zoning classification of the Township or in other zoning districts as existing, nonconforming uses.
COMMON AREA
In multiple-unit establishments (either residential or commercial), space which is not part of a single unit but is shared with other occupants of the unit whether they reside in the units or not. Common areas shall be considered as part of the structure for purposes of this article.
DWELLING
A building having one or more dwelling units.
DWELLING UNIT
A room or group of rooms within a dwelling and forming a single unit and used for living and sleeping purposes, having its own cooking facilities and a bathroom with a toilet, bathtub and shower.
LANDLORD
One or more persons, jointly or severally, in whom is vested all or part of the legal title to the premises, or all or part of the beneficial ownership and a right to present use and enjoyment of the premises, including a mortgage holder in possession of a unit. (Same as "owner.")
LEASE
A contract granting use or occupation of property during a specified period in exchange for a specified rent.
MANAGER
An adult individual designated by the owner of a structure. The manager shall be the agent of the owner for service of process and receiving notices or demands and to perform the obligation of the owner under this article and under rental agreements with occupants.
MULTIPLE-UNIT DWELLING or MULTIFAMILY DWELLING
A building containing three or more independent dwelling units, including, but not limited to, row houses, townhouses, condominiums, apartment houses and conversion apartments.
OCCUPANCY PERMIT
The permit issued to the owner of a unit or structure under this article which is required for the lawful rental and/or occupancy of a unit or structure.
OCCUPANT
An individual who resides in or is the owner of a business within a unit or structure, whether or not the individual is the owner of the unit or structure thereof, with whom a legal relationship with the owner or landlord of the unit or structure is established by a written lease or by the laws of the Commonwealth of Pennsylvania.
ORDINANCE ENFORCEMENT OFFICER
The duly appointed Ordinance Enforcement Officer(s) having charge of the Office of Code Enforcement of the Township of Wilkins and any assistants or deputies thereof. In appropriate circumstances this is intended to include police.
OWNER
One or more persons, jointly or severally, in whom is vested all or part of the legal title to the premises, or all or part of the beneficial ownership and a right to present use and enjoyment of the premises, including a mortgage holder in possession of a unit or structure.
OWNER-OCCUPIED DWELLING UNIT
A dwelling unit in which the owner resides on a regular, permanent basis.
PERSON
A natural person, partnership, corporation, unincorporated association, limited partnership, trust or any other entity.
PREMISES
Any parcel of real property in the Township, including the land and all buildings and appurtenant structures or appurtenant elements upon which one or more units or structures is located.
RENTAL AGREEMENT
A written agreement between owner/landlord and occupant/tenant.
RENTAL UNIT
A residential or commercial unit or structure occupied by any person under a rental agreement.
TENANT
An individual who resides in or is the owner of a business within a unit or structure, whether or not he or she is the owner thereof, with whom a legal relationship with the owner/landlord is established by a written lease or by the laws of the Commonwealth of Pennsylvania (see "occupant").
TOWNSHIP
The Township of Wilkins, Allegheny County, Pennsylvania.
[1]
Editor's Note: See Ch. 160, Construction Codes, Uniform.
[Amended 3-31-2025 by Ord. No. 1134]
A. 
General.
(1) 
It shall be the duty of every owner to keep and maintain all units and structures in compliance with all applicable codes and provisions of all other applicable state laws and regulations and local ordinances, and to keep such property in good and safe condition.
(2) 
It shall be the duty of every owner to apply for an occupancy permit upon the construction, reoccupancy and change in occupancy of every one- and two-family dwelling, every multiple-family dwelling and every commercial unit and/or establishment in the Township of Wilkins.
(3) 
It shall be the duty of every owner to be issued a no-lien letter from the Township prior to the sale of a property. A no-lien letter will only be issued after the occupancy inspection for the property has been performed and either passed or a temporary occupancy permit has been applied for and approved by the Township.
B. 
Designation of manager.
(1) 
Property owners are required to maintain properties in accordance with this article and other established ordinances of the Township. In the event that a property owner must be notified in writing by the Township of ordinance violations three times within a two-year period, then and in that event, the property owner will be required to appoint a manager, if the property owner is not a full-time resident of Wilkins Township or a resident elsewhere within 15 miles from Wilkins Township.
(2) 
If the owner is a corporation, a manager shall be required if any officer of the corporation does not reside within the aforesaid distance. The officer shall perform the same function as a manager.
(3) 
If the owner is a partnership, a manager shall be required if a partner does not reside in the aforesaid distance. Said partner shall perform the same function as a manager.
(4) 
The manager shall be the agent of the owner for service of process and receiving notices and demands, as well as for performing the obligations of the owner under this article and under rental agreements with occupants.
(5) 
The identity, address and telephone number(s) of a person who is designated as manager hereunder shall be provided by the owner or manager to the Township, and such information shall be kept current and updated as it changes.
C. 
Maintenance of premises.
(1) 
The owner shall maintain the premises in compliance with the applicable codes of the Township and shall regularly perform all routine maintenance, including lawn mowing and ice and snow removal, and shall promptly make all repairs necessary to fulfill its obligation.
(2) 
The owner and occupant may agree that the occupant is to perform specified repairs, maintenance tasks, alterations, or remodeling. In such case, however, such agreement between the owner and occupant must be in writing. Such agreement may be entered into between the owner and occupant only if:
(a) 
The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the owner or occupant; and
(b) 
The agreement does not diminish or affect the obligation of the owner to other occupants in the premises.
(3) 
In no case shall the existence of any agreement between owner and occupant relieve any owner of any responsibility under this article or other ordinances or codes for maintenance of premises.
A. 
All residential structures, whether owner-occupied or rental units, single-family or two-family dwellings, shall be bound by these requirements. Each unit in a two-family dwelling shall be treated separately by this article and each shall require its own occupancy permit.
B. 
All residential dwelling units must be inspected by the Township of Wilkins and brought up to current code standards prior to a change in the person or persons occupying the dwelling unit.
C. 
The property owner or agent for the property owner shall make application for an occupancy permit to the Township of Wilkins on a Township supplied form and return it to the Township along with the required application fee.
D. 
The Township shall conduct an inspection of the premises and shall make note of all deficiencies from the applicable codes including Chapter 450, Zoning, and the International Property Maintenance Code 2018 in its entirety. If the dwelling unit is found to be in compliance with the aforementioned codes then the property owner or agent shall be issued an occupancy permit for the dwelling unit.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E. 
If deficiencies are found, the Township shall reinspect the property after notification that all deficiencies are corrected by the owner or agent. If all deficiencies are found to be corrected, the owner or agent shall be issued an occupancy permit for the structure.
F. 
No dwelling unit may be sold, leased, rented or otherwise reinhabited prior to the issuance of an occupancy permit after the tenants legally residing in the premises at the time of adoption of this article vacate the premises.
G. 
No one- or two-family dwelling unit shall be required to be inspected more than once every two years regardless of the number of changes in the persons occupying the unit.
A. 
All multifamily residential dwellings shall be bound by these requirements. Each unit in a multifamily dwelling shall be treated separately by this article and each shall require its own occupancy permit.
B. 
All dwelling units in a multifamily dwelling must be inspected by the Township of Wilkins and brought up to current code standards on a cyclical basis.
C. 
The property owner or agent for the property owner shall make application for an occupancy permit to the Township of Wilkins on a Township-supplied form and return it to the Township prior to the requested inspection.
D. 
The Township shall conduct an inspection of the premises and shall make note of all deficiencies from the applicable codes including Chapter 450, Zoning, and the International Property Maintenance Code 2018 Edition. If the dwelling unit is found to be in compliance with the aforementioned codes, then the property owner or agent shall be issued an occupancy permit for the dwelling unit.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E. 
If deficiencies are found, the Township shall reinspect the property after notification that all deficiencies are corrected by the owner or agent. If deficiencies are found to be corrected, the owner or agent shall be issued an occupancy permit for the structure.
F. 
Interior corridors of all multifamily dwellings whose units share common interior corridors are subject to inspection and code compliance at the same time as the inspection of the first unit in the structure requested for inspection.
G. 
All property owners or managers of multifamily dwellings shall be required to have a minimum of 20% of the units under their control inspected on an annual basis. The property owner or manager may designate which units are inspected annually providing that no unit which has previously been inspected may be counted toward the annual minimum number of units required for inspection until all units have been inspected.
H. 
All units under common ownership or management will be required to be reinspected on a rotating basis after all units receive an initial inspection and occupancy permit.
I. 
Any multifamily structure with five or less total units, which is under common ownership or management, will be required to have one unit inspected annually, with the stipulation that no unit must be inspected more than once every five years.
J. 
Any multifamily dwelling units, whether owner-occupied or rented, which is located in a structure where all units in the structure are not under common ownership or management, shall be bound by the requirements for one- and two-family dwellings.
A. 
No commercial structure or unit may be sold, leased, rented or otherwise reinhabited prior to the issuance of an occupancy permit after the tenants legally occupying the premises at the time of adoption of this article vacate the premises.
B. 
All commercial structures shall be bound by these requirements. Each unit in a commercial structure shall be treated separately by this article and each shall require its own occupancy permit.
C. 
All units in a commercial establishment must be inspected by the Township of Wilkins and brought up to current code standards upon the sale of the commercial establishment.
D. 
Individual units in a commercial establishment must be inspected by the Township of Wilkins and brought up to current code standards upon the change of lease, transfer of ownership, or change of tenants or occupants of the individual unit of a commercial structure.
E. 
The property owner or agent for the property owner shall make application for an occupancy permit to the Township of Wilkins on a Township supplied form and return it to the Township prior to the requested inspection.
F. 
The Township shall conduct an inspection of the premises and shall make note of all deficiencies from the applicable codes including Chapter 450, Zoning, and the International Property Maintenance Code 2018 Edition. If the unit or commercial establishment is found to be in compliance with the aforementioned codes, then the property owner or agent shall be issued an occupancy permit for the unit or commercial establishment.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
G. 
If deficiencies are found, the Township shall reinspect the property after notification that all deficiencies are corrected by the owner or agent. If deficiencies are found to be corrected, the owner or agent shall be issued an occupancy permit for the structure.
H. 
Interior corridors of all commercial establishments whose units share common interior corridors are subject to inspection and code compliance at the same time as the inspection of the first unit in the structure requested for inspection.
I. 
No commercial establishment or unit shall be required to be inspected more than once every two years regardless of the number of changes in occupancy of the unit.
A. 
Fees for occupancy permits shall be set by the most recent fee schedule adopted by resolution of the Board of Commissioners.
[Amended 4-29-2024 by Ord. No. 1123]
B. 
The Township shall reserve the right to charge a reinspection fee after two visits to the same units as set forth in the Township fee schedule.
C. 
Fees shall be due and payable at the time of application for all occupancy permits, or application for reinspection as the case may be.
A. 
Basis for violation. It shall be unlawful for any person, as either owner or manager of a unit or structure for which a permit is required, to operate or occupy a structure or unit without a valid, current permit issued by the Township authorizing such operation or occupancy.
B. 
Penalties. This article shall be enforced by action brought before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person, partnership, corporation or other entity who or which violates or permits a violation of the provisions of this article shall, upon conviction in a summary proceeding, pay a fine of not more than $1,000, plus the costs of prosecution, and in default of the payment of the fine and costs of prosecution, shall be imprisoned for a period not exceeding 30 days. Each day that the violation continues shall be considered a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Nonexclusive remedies. The penalty provisions of this article and the permit nonrenewal procedures provided in this article shall be independent, nonmutually exclusive separate remedies, all of which shall be available to the Township as may be deemed appropriate for carrying out the purposes of this article. The remedies and procedures provided in this article for violation hereof are not intended to supplant or replace, to any degree, the remedies and procedures available to the Township in the case of a violation of any other code of ordinance of the Township, whether or not such other code or ordinance is referenced in this article and whether or not an ongoing violation of such other code or ordinance is cited as the underlying ground for a finding of a violation of this article.
The occupancy permit shall be compiled from the records of the Township and from an inspection of the property. Neither the enactment of this article nor the preparation and delivery of any permit required hereunder shall impose any liability upon the Township for any errors or omissions contained in such permit nor shall the Township bear any liability not otherwise imposed by law.
A. 
Any person aggrieved by the decision of the Ordinance Enforcement Officer may request, and shall then be granted, a hearing before the Turtle Creek Valley Council of Governments Joint Property Maintenance Appeals Board,[1] provided he files with the Township, within 10 days after notice of the Ordinance Enforcement Officer's decision, a written appeal requesting such hearing and setting forth a brief statement of the grounds therefor. The hearing shall commence no later than 30 days after the date on which the petition was filed unless postponed for sufficient cause.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[1]
Editor's Note: See Ch. 66, Property Maintenance Appeals Board.
B. 
After such hearing, the Appeals Board shall sustain, modify or overrule the action of the Ordinance Enforcement Officer.
A. 
Notices.
(1) 
For purposes of this article, any notice required hereunder to be given to a manager shall be deemed as notice given to the owner.
(2) 
There shall be a rebuttable presumption that any notice required to be given to the owner under this article shall have been received by such owner if the notice was given to the owner in the manner provided by this article.
(3) 
A claimed lack of knowledge by the owner of any violation hereunder cited shall be no defense to permit nonrenewal, suspension or revocation proceedings as long as all notices prerequisite to institution of such proceedings have been given and deemed received in accordance with the applicable provisions of this article.
B. 
Changes in ownership occupancy.
(1) 
It shall be the duty of each owner of a unit or structure to notify the Ordinance Enforcement Officer in writing of any change in ownership of the premises or of the number of units on the premises.
(2) 
It shall also be the duty of the owner to notify the Ordinance Enforcement Officer in writing of any increase in the number of occupants or of the changing of a unit from owner-occupied to non-owner-occupied.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Owners severally responsible. If any unit or structure is owned by more than one person, in any form of joint tenancy, as a partnership, or otherwise, each person shall be jointly and severally responsible for the duties imposed under the terms of this article, and shall be severally subject to prosecution for the violation of this article.